Spouse owes child support, I was notified that joint return refund was offset, i am primary income. Filed 8379, is $ taken back from his ex or is it not disbursed yet?

[jlc872]

I have already received the offset refund and am concerned about where my portion of our refund where come from.  Does the IRS take it back from her? Has the money been disbursed to her? Not looking to damage relationships, he has been paying increased amounts to clear arrears. Also don't want my husband to end up in trouble. Thank you.

[MaryK1 · Accepted solution]

First, let me say that every state is different so you must check with the particular state and many will not provide specific information but they have procedures that must be followed.  Usually with an income tax offset, the money taken is not automatically given to the ex spouse for the child support, there is a waiting period so claims- like Injured Spouse- can be processed.  For child support, they will not make the ex-wife "pay back" the money just because you qualify to get the refund.